SIBU: A lorry driver, who repeatedly pocketed company sales collections totalling RM2,669.65 instead of handing them over to his employer, was on Tuesday (Aug 18) sentenced to a total of three years’ imprisonment and three strokes of the cane by the Sessions Court here.
Mohamad Azzi Ismail, 30, from Kanowit was sentenced to one year’s jail and one stroke on each of three charges under Section 408 of the Penal Code for criminal breach of trust.
Judge Musyri Peet ordered the sentences to run consecutively, with the first term taking effect from Tuesday, followed by the second and third terms upon completion of the preceding sentences.
The court’s decision placed greater weight on the repeated breach of trust than on the amount of money involved.
Azzi was employed as a lorry driver with CCK Fresh Mart Sdn Bhd and, by virtue of his employment, was entrusted with collecting payments from customers and surrendering the money together with the relevant invoices to the company.
However, three separate collections received from Sing Sing One Trading Co were allegedly not handed over to the company.
The first offence occurred on Feb 6, involving RM788 under Invoice No. 267106819.
The second occurred on Feb 13, involving RM612 under Invoice No. 267108365, while the third took place on Feb 20, involving RM1,269.65 under Invoice No. 267109067.
The three transactions brought the total amount involved to RM2,669.65.
Investigations found that the payments had been made directly to Azzi during the course of his duties after the goods had been delivered to the customer.
The court was also told that the money was not surrendered according to the company’s procedures and the relevant invoices were not returned to the Billing Department for the required updating of the Redbill and Collection Record.
As a result, the company suffered a financial loss of RM2,669.65 in respect of the three transactions.
In imposing sentence, the court noted that the amount involved was relatively modest but stressed that the nature and circumstances of the offences had to be taken into account.
More significantly, the court found that the three charges involved three separate acts committed on different occasions, demonstrating a repeated breach of the trust placed in the accused by his employer.
The prosecution had urged the court to impose a deterrent sentence, arguing that the accused had abused the trust placed in him as a servant of the company and caused the company to suffer the financial loss.
Azzi, who pleaded guilty, appealed for leniency and asked the court to consider a fine instead.
In mitigation, he told the court that he had been unemployed for two months after losing his job and was the sole breadwinner for his family. He said his wife earned RM1,600 a month working at a bakery and that they had a seven-year-old child.
He also told the court that he had family commitments and was caring for his father, who had health problems. His mother-in-law had also undergone an operation, he said.
Azzi further described the case as his first offence and expressed remorse.
However, the court ultimately imposed custodial sentences, taking into consideration the repeated nature of the offences, the breach of trust and the circumstances in which the money had been entrusted to him through his employment.
The case was prosecuted by deputy public prosecutor Cynthia Emmelda Jerry while Azzi was unrepresented by legal counsel.
